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Simon, Choi & Tuohy, 190 North Independence Mall West, Philadelphia, PA (2026)

10/08/2026

On October 8, 2026, at a White House press conference with Vice President JD Vance, Labor Secretary Keith Sonderling announced that the Department of Labor is suspending Microsoft, Adobe, Cognizant, Infosys, Tata, Wipro, HCL, and Capgemini from the labor certification (PERM) program, citing active federal investigations. According to Secretary Sonderling, these companies have received over 230,000 H-1B approvals and over 100,000 PERM certifications since 2009. The Department will neither accept new PERM applications from these companies nor process those already pending.

Neither Vice President Vance nor Secretary Sonderling announced when (or if) these suspensions would end, and the government has not yet published any additional details.

Who Is Affected?

The suspension of PERM processing will impact many foreign national employees of the targeted companies. Those with pending PERM applications will see the processing of those applications halted for an unknown amount of time, while those whose applications have not yet been filed will be unable to submit new applications (also for an unknown period of time). This inability to submit new applications is particularly troublesome in the context of PERM, because Department of Labor PERM regulations require employers to go through a time-consuming (and costly) "test recruitment" before the PERM can be submitted. This process is also time-sensitive - the PERM must be submitted within a certain timeframe relative to the test recruitment - so many with in-progress test recruitments will see that effort go to waste as the clock runs out, with their employers still barred from submitting the actual application.

Ability to Remain in the U.S.

Some affected foreign national employees were likely relying on a certified PERM to allow them to remain in the United States at all. H-1B status carries with it a nominal six year limit; however, H-1B employees who are stuck in a quota backlog waiting for an employment-based green card can extend their H-1B status beyond those six years, in certain conditions. Because the quota backlog is so long for applicants from India - well beyond six years - many Indian H-1B employees need a certified PERM to enable them to remain in the United States past the six year limit. Employees from targeted companies who are in this position may not have time to restart the process (either with a new employer, or once the suspension is lifted) before reaching their max-out date, and so may have to leave the U.S. entirely.

Other Options to Consider

Employees of the targeted companies who were relying on a new PERM may want to consider finding employment with another employer or pursuing an alternate route to a green card. While PERM is by far the most common route to an employment-based green card, other options exist, including:

National Interest Waivers

Allows applicants with an advanced degree or exceptional ability to skip the PERM process by showing that their work has substantial merit and national importance. Applicants can file for themselves, without an employer sponsor.

EB-1

The "priority worker" green card category, which covers individuals with extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives. No PERM is required. Some EB-1 cases can be self-filed, while others still require employer sponsorship.

Unfortunately, these options will not be a good fit for all affected employees; some will simply be left without a good option for obtaining employment-based permanent residence, and so may need to abandon plans to settle permanently in the United States for the time being.

Looking Ahead

So far, there is no written announcement from the relevant agencies about the suspensions or investigations. Importantly, there is no indication of when these suspensions might end, or whether additional companies will be targeted in the future. Simon, Choi & Tuohy will continue to track this story closely, and will provide updates as warranted. If you wish to discuss non-PERM options for employment-based green cards, please contact our office.

10/08/2026

On October 8, 2026, the Department of Homeland Security proposed a new $70,000 fee for Optional Practical Training, the popular post-graduation work authorization program for international students. If finalized, this fee – still only a proposal – would make it much harder for international students to remain in the United States after graduating from U.S. institutions.

What is Optional Practical Training (OPT)?

International students who are admitted to U.S. colleges and universities typically enter the U.S. on an F-1 Student Visa, and remain in F-1 status for the duration of their academic program. The Optional Practical Training program allows F-1 students to work in the U.S. in a job directly related to their field of study for up to 12 months after graduation. Students with degrees in science, technology, engineering, or math (STEM) may extend their post-graduation OPT for an additional 24 months if their employer is E-Verified.

While there are restrictions on OPT employment (i.e. that the employment be related to the field of study), OPT is much more flexible than H-1B employment (which is tied to a specific employer, position, and worksite), making it an ideal option for post-graduate job seekers – especially right after graduation. OPT has therefore acted as a bridge, allowing international graduates to find employment in their field of study, and possibly even change jobs a few times early in their careers, while they search for a long-term employment opportunity that could result in H-1B sponsorship, and eventually green card sponsorship.

Proposed Fee Increase

Currently, other than the Application for Employment Authorization (Form I-765) filing fee of approximately $500, which is typically paid by the student, no additional fees are required. DHS is proposing a $70,000 fee per each F-1 student for the first OPT application, and $30,000 fees for each extension, paid by the student’s college or university (though DHS would permit schools to pass the cost along to either the student or the employer). Such a dramatic fee increase would almost certainly see use of OPT – which sees roughly 300,000 student participants per year - drop to near-zero.

Supposed Rationale

DHS claims that the fee will fight fraud in the OPT program, while also curtailing use of the OPT program to avoid the H-1B lottery and associated fees, clarifying that “the fee amount is designed to closely align with the H-1B fees to reduce students and employers from using OPT to circumvent the H-1B visa program fees.”

Who Is Affected

This would impact any students seeking recommendation for OPT after the rule goes into effect. Students who already have OPT, or who were already recommended for it before the rule’s effective date, would not have to pay the fee – but only for that specific period of OPT. Any OPT extensions would incur a fee, even if the original OPT recommendation came prior to the rule taking effect.

The Threat to End Optional Practical Training

While the fee could effectively end the OPT program as we know it (by dropping use to near-zero), DHS has a further warning: if the fee does not go into effect, they may formally shut the program down anyway. From the proposed rule:

"DHS notes that without the fees proposed in this rule, it cannot operate OPT consistent with its focus on preventing fraud and may shut down the program entirely."

Either way, the Trump administration seems determined to dramatically curtail the use of OPT by international students.

Looking Ahead

This is a proposed rule, not a final one, so nothing changes for students or employers today. DHS is accepting public comments online through regulations.gov through November 9, 2026. Any final rule would take effect 60 days after it is published, and the fee would apply only to OPT recommendations made after that date.

Simon, Choi & Tuohy is monitoring this proposal closely. If you are an F-1 student planning to use OPT, or an employer that hires international graduates, please contact our office to discuss how these changes could affect you.

10/01/2026

Check out our monthly update of immigration news, including an extension of the $100k H-1B fee, a Federal Court blocking the Trump administration's plans to end "D/S" for F-1 and J-1, and a proposed end to the 60-day grace period for employment-based nonimmigrants whose employment comes to an end:

https://conta.cc/4AXIsKK

09/30/2026

With September nearly over, the DOS finally released the October 2026 Visa Bulletin on Monday, September 29th. USCIS has determined that all applicants should reference the Dates for Filing chart when determining eligibility to file in October.

October’s charts appear below. A date listed for any class indicates that the class is oversubscribed. “C” means current (i.e., numbers are authorized for issuance to all qualified applicants). “U” means unauthorized (i.e., numbers are not authorized for issuance).

New Fiscal Year

With the government’s new fiscal year beginning October 1st, new immigrant visa numbers have been made available. As a result, many categories saw their priority date cutoffs advance forward. However, the Department of State noted that “some employment-based visa categories for “Rest of World” countries have retrogressed, and these retrogressions are necessary to keep visa issuances within FY 2027 quarterly and annual limits.”

To discuss what the dates in the visa bulletin may mean for you, please contact the attorney at SCT working on your case. Alternatively, you may set up a consultation with one of our attorneys by filling out our Consultation Request Form.

Priority Date Charts
See below the priority date charts designated for use by USCIS for October 2026: https://lhscimmigration.com/visa-bulletin/october-2026-visa-bulletin/

09/21/2026

On September 18, 2026, President Trump took two actions affecting the H-1B program.

The first is a proclamation extending the $100,000 H-1B payment requirement for another 12 months, through September 21, 2027. As with last year’s version of this fee, the payment applies to new H-1B petitions for workers outside the United States who need a visa, or who must be admitted into the United States to start work. Extensions or changes of status filed for workers already in the U.S. are not subject to the $100,000 fee. For a full breakdown of who does and doesn’t have to pay, see our earlier post on USCIS’s guidance.

This fee has been successfully challenged in court, though the government is appealing a federal judge’s ruling that it constituted an unlawful tax. Separately, DHS has proposed a new $103,265 fee on cap-subject H-1B petitions, which isn’t yet final (and which is also expected to be challenged in court).

The second action is a new executive order that changes how the government reviews H-1B employers. While we expect additional guidance from the government regarding implementation, the order makes clear that employer layoffs will now be a factor at every stage of the H-1B process, and that data from throughout the government will be used to evaluate H-1B petitions. This represents a significant change for H-1B employers.

Employer layoffs will be considered throughout the H-1B process
The order directs the Department of Labor, USCIS, and the State Department to consider whether an employer has laid off U.S. workers in similar jobs in the past year, or plans to. This applies at every stage:

when DOL certifies the Labor Condition Application,
when USCIS decides the H-1B petition,
when a consulate issues the visa, and
when the worker arrives at the border.
Employers that rely heavily on H-1B workers were already barred from laying off U.S. workers shortly before or after an H-1B filing, so this concept isn’t entirely new. However, the order goes further, because it applies to every H-1B employer, it reaches back a full year, it looks ahead to planned cuts, and it covers layoffs made “directly or indirectly.”

The order doesn’t say how much weight a layoff will carry, what counts as a “similarly situated” worker, or how employers will be asked about layoffs. Those details will be forthcoming eventually, possibly to include updates to relevant USCIS forms. Until then, employers that have had layoffs in the past year should expect closer review.

The Department of Labor will proactively review past filings
While the DOL already has the power to initiate investigations against H-1B employers, historically the DOL has initiated employer investigations after receiving a complaint. However, the new order directs the DOL’s Wage and Hour Division to begin proactively reviewing previously filed Labor Condition Applications within the next 30 days, and to decide whether any employers deserve further action. Employers with H-1B workers on staff should expect that their past filings, and whether they actually kept the promises made in them, may be examined.

Interagency cooperation
Until now, H-1B cases were handled mainly by DOL, USCIS, and the State Department. The order adds three more agencies:

The Department of Commerce will provide wage and industry data, which can be used to test whether offered wages are realistic and to identify layoffs.
The Department of Education will help verify foreign degrees and schools. The order specifically raises concerns about “diploma mill” credentials and inflated job requirements.
The Small Business Administration will provide information that can help confirm an employer is a real, operating business.
The order also points to the anti-discrimination rules enforced by the Department of Justice. Those rules prohibit employers from favoring visa workers over qualified U.S. workers. This suggests that the government may begin to investigate certain H-1B hiring practices as discrimination against U.S. workers, similar to prior DOJ lawsuits against Apple and Facebook (which centered on the PERM Labor Certification program, rather than on the H-1B program).

Looking ahead
Whether through formal guidance, updated forms, or the issuance of RFEs, we will eventually get additional clarity on how this order will practically impact the processing of H-1B petitions. Until then, employers who file H-1B petitions and have had layoffs in the past year (or who expect layoffs in the future) should consult with an immigration attorney. In addition, employers should continue to carefully hew to relevant regulations, e.g., those requiring the posting of notice and the maintenance of public access files.

09/15/2026

Federal Court Blocks DHS Rule Ending “Duration of Status” for F-1 and J-1 Visa Holders

On September 14, 2026, a federal judge halted a Department of Homeland Security rule that would have eliminated “Duration of Status” (D/S) for international students, exchange visitors, and foreign media representatives. The ruling came just one day before the rule’s scheduled September 15, 2026 effective date, and it preserves — at least for now — the admission framework that F-1 and J-1 nonimmigrants have relied on for decades.

Background: The Rule DHS Tried to Implement

On July 17, 2026, DHS published a final rule that would have replaced D/S with a fixed “Admit Until Date” tied to the program end date on a student’s Form I-20 or a scholar’s DS-2019, capped at four years, plus a grace period. Anyone needing more time would have had to file an Extension of Stay application with U.S. Citizenship and Immigration Services (USCIS) rather than simply continuing to maintain status.

The Lawsuit

On August 18, 2026, a coalition of higher-education and labor organizations sued DHS and ICE in the U.S. District Court for the District of Massachusetts. The suit argued that DHS had acted arbitrarily and capriciously and had failed to meaningfully respond to roughly 22,000 public comments received during rulemaking.

The Ruling

On September 14, 2026, Judge Saylor granted the plaintiffs’ motion, issuing a nationwide preliminary injunction that bars DHS and ICE from implementing the rule while the litigation continues. As a result, the longstanding D/S framework remains in place for now for F-1, J-1, and I nonimmigrants nationwide — the rule did not take effect as scheduled on September 15.

A preliminary injunction remains in effect for the duration of the case unless modified or reversed on appeal. The court has scheduled a status conference for October 2, 2026, and the underlying case challenging the rule on the merits continues.

What This Means Right Now

The rule is blocked, not vacated. DHS is prohibited from enforcing the fixed-admission-period framework while the case proceeds, but the rule itself has not been struck down. The government may appeal the injunction, and the underlying litigation is ongoing.

D/S remains the operative framework. F-1 and J-1 students and scholars currently admitted for duration of status continue to be admitted for duration of status, without a fixed AUD on their I-94, for now.

This is not a final resolution. Universities, designated school officials, employers of F-1/J-1 workers, and visa holders themselves should continue to monitor the case closely rather than treat the injunction as the end of the story.

SCT Is Monitoring This Closely

We are tracking the docket and will provide updates as the case progresses. If you have questions about how this ruling — or a possible reversal down the road — affects your status, your institution’s compliance obligations, or your workforce, contact us to discuss your specific situation.

09/11/2026

Since 2017, foreign workers on employment-based visas are afforded a discretionary grace period of authorized stay of up to 60 days after the end of their employment. This gives such workers – whose legal status in the U.S. is tied to their job – a bit of time to prepare their departure from the U.S., look for other employment opportunities that could allow them to keep status, consider changing to a new status, or file a green card application (if eligible).

On September 11, 2026, the Department of Homeland Security proposed eliminating this discretionary grace period. This is only a proposed rule – the public has until November 10, 2026, to comment – so nothing changes today. However, should the rule become final, this change would have significant impacts for foreign workers who are terminated, or who simply wish to change jobs, as well as for their families.

Who this affects
Workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status — and their spouses and children who hold status through them.

What the grace period does now
Foreign workers who are in one of the employment-based statuses listed above currently are eligible for up to 60 days after a job ends before they are treated as being out of status (assuming that their underlying petition granted them status to at least that date). The 60 days aren’t automatic — USCIS can shorten or cancel them in an individual case — but in practice USCIS has mostly afforded workers this discretionary extension of authorized stay.

Within that window foreign workers can:

have a new employer file a petition to extend your status;
file to change to a different status; or,
file to adjust status to a green card, if eligible.
While the grace period does not confer work authorization in itself, it does give workers time to make arrangements to find new employment, or to wrap up affairs and leave the country without worrying about overstaying their visa or accruing unlawful presence.

What would change
Under the proposal, that grace period would go away. Foreign workers would be considered out of status the day after the job ends and would be expected to leave the U.S. right away (unless something else independently allows them to stay). Spouses and children would be in the same position.

Practically, that means changing employers would often require leaving the country, waiting for a new petition to be approved, and then applying to come back.

What to do now
The discretionary grace period remains in place and will continue to apply at least through the comment period and until any final rule takes effect, which is likely months away at the earliest.

However, if your job feels uncertain, it would be wise to start thinking through backup options early, rather than waiting until the rule is finalized.

If you’re in one of these categories and you’re unsure where you stand, you can contact one of our attorneys for a consultation.

09/10/2026

Temporary Protected Status for El Salvador was scheduled to expire on September 9, 2026. With that date having passed, and with DHS failing to extend or terminate the designation, those in TPS from El Salvador (and their employers) are left with questions.

No Formal Guidance from DHS

Acknowledging that the deadline to extend or terminate TPS for El Salvador had passed, a DHS spokesperson only provided that an additional announcement will come “at the appropriate time,” and that until then Salvadoran TPS holders retain protection. Late on September 9, USCIS updated its El Salvador TPS page to confirm that the designation and TPS-based work permits remain valid until further notice.

That is a reprieve for roughly 170,000 to 200,000 people. It is not a legal determination, and the difference matters for anyone trying to document status.

Automatic Extension of Protections

Under INA § 244(b)(3), the Secretary had to decide at least 60 days before expiration — here, by July 11, 2026. Nothing was published. Section 244(b)(3)(C) provides that absent a timely termination determination, the designation extends automatically for six months.

Employment Complications

USCIS’s August 12 and September 3 I-9 Central alerts both told employers that the TPS designation would terminate on September 9th, and to enter that date in Sections 1 and 2 of the Form I-9 and in E-Verify. Employers who complied now have a workforce whose documented authorization expired yesterday, and only a government spokesperson and updated website saying otherwise. Meanwhile, the earlier 540-day EAD auto-extension ended March 9, 2026, and the September 3 notice extended certain expired A-12 and C-19 EADs only through September 9. Despite the government spokesperson confirming that protections remained in place for now, employees needing reverification may have no formal documentation of work authorization.

TPS for Other Countries

TPS for Sudan and Ukraine are both scheduled to expire October 19, 2026, with the same EAD extension guidance and the same passed determination deadline. It would be reasonable to expect that the government’s handling of those expirations will follow a similar pattern.

If you hold Salvadoran TPS, you are protected for now, but a six-month extension runs only to roughly March 2027. This is the window to evaluate family, employment, or asylum-based options on your specific record. If you have any questions, you can contact our office to speak with an attorney.

09/02/2026

With no warning or extended grace period, USCIS published on August 31, 2026 a new required version of Form I-864, Affidavit of Support Under Section 213A of the INA with the edition date of 08/24/26. Without this grace period, unfortunately any submitted Form I-485 Application to Adjust Status with an I-864 will presumably be rejected by USCIS if postmarked on or after August 31, 2026. This will lead to a significant delay before the applicant can re-apply; USCIS will likely not return the rejected package to the applicant or attorney for several weeks and the applicant then has to resubmit the entire application package with the updated I-864 along with the previously submitted sealed medical exams, photographs, and supporting documents.

Further complicating this new required version of Form I-864 without any grace period is that USCIS is also requiring a new version of Form I-485 effective September 18, 2026.

USCIS announced that the new edition of Form I-864 includes a privacy release that authorizes USCIS to request information from one or more consumer reporting agencies. Per USCIS, “[i]f the sponsor has a credit or security freeze on their consumer or credit report file, USCIS may not be able to access the information necessary to assess the sufficiency of Form I-864. To avoid any delays, a sponsor should expeditiously respond to any requests made to release a credit or security freeze.”

As a result, any Affidavit of Support sponsor or co-sponsor should ensure that they do not have any credit or security freezes prior to the submission of the application to USCIS or otherwise a delay in processing would result from USCIS’ issuance of a Request for Evidence to take these actions.

The Form I-864 Affidavit of Support is required for family-based adjustment of status (permanent residence) applications filed with USCIS along with certain employment-based applications.

09/02/2026

Nicole Simon, partner at Simon, Choi & Tuohy and a Lecturer in Law at the University of Pennsylvania Carey Law School, was quoted this week in The Daily Pennsylvanian on a reported White House proposal to attach a six-figure fee to Optional Practical Training.

Administration considers six-figure fee for OPT
According to reporting in the Wall Street Journal, the administration is weighing a restructuring of F-1 Optional Practical Training that would carry a $100,000 charge. OPT currently allows international students to remain in the United States and work for one year after graduation, extended up to three years for graduates in STEM fields.

Nothing has been formally introduced
While the Trump administration has shown itself willing to impose onerous fees on immigration benefits, it is important to note that no proposed rule has been published for notice and comment, and the most basic question — who would actually pay the fee, the student, the school, or the employer — remains unanswered.

The fee would represent “yet another attack on students”
Speaking to the paper, Nicole characterized the proposal as “yet another attack on students, a group the administration has mercilessly targeted.”

She also raised the question of whether a fee of this kind can survive judicial review at all, noting that the administration tried a nearly identical move on H-1B visas. In that instance the administration attempted to impose a $100,000 fee by executive action. A federal court voided that fee earlier this year, though that decision was stayed pending appeal.

Other faculty quoted in the piece reached the same conclusion, noting that district and appellate courts have already found the executive branch exceeded its authority on the H-1B fee and predicting the OPT proposal would meet a similar fate.

How this would impact employers and students
For most international graduates, OPT is not an optional convenience. It is the only bridge between a degree and an H-1B petition, and with the H-1B cap set at 85,000 and allocated by lottery, that bridge often has to hold for more than one selection cycle. No matter who would ultimately pay such a fee, many employers, universities, or students would be priced out, and would therefore not seek or sponsor OPT work authorization for students post-graduation.

Watch for a notice of proposed rulemaking
As a reminder, the administration has not formally proposed a rule to raise fees on OPT; they have simply floated the idea informally, as reported by the Wall Street Journal in July. We are tracking this closely and will post an update if a proposed rule is published.

Simon, Choi & Tuohy

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